Omar Bennett
The Commonwealth of Kentucky, a state in the USA, has had four constitutions since it was admitted to the Union in 1792. The fourth and most recent constitution was adopted in 1891 and remains in force today. A constitutional amendment is a change to the constitution, and in Kentucky, this can be proposed in either house of the General Assembly. If 60% of the membership of each chamber approves, the proposed amendment goes on the ballot at the next general election. If a simple majority of voters approve the amendment, it becomes part of the constitution.
| Characteristics | Values |
|---|---|
| Proposal of amendment | A legislatively referred constitutional amendment can be proposed in either house of the Kentucky General Assembly. |
| Proposal approval | If 60% of the membership of each chamber approves, the proposed amendment goes on the ballot at the next general election. |
| Ballot inclusion | The state legislature is not allowed to put more than four proposed amendments on any one ballot. |
| Voter approval | If a simple majority of voters approve, the amendment becomes part of the constitution. |
| Constitutional convention | A majority of all members of each of the two chambers of the state legislature must agree to place the question before the state's voters. |
| Voter turnout | If a majority of voters say "yes", and the number of "yes" votes is equal to one-fourth of the number of qualified voters in the last general election, a convention is called. |
Explore related products
$9.99 $9.99
$23.01 $36.95
What You'll Learn
Legislatively referred constitutional amendments
A legislatively referred constitutional amendment can be proposed in either house of the Kentucky General Assembly. The Kentucky Constitution, which was adopted in 1891 and is currently in force, can be amended through this process.
For a legislatively referred constitutional amendment to be proposed, 60% of the membership of each chamber of the Kentucky General Assembly must approve. If this threshold is met, the proposed amendment is placed on the ballot at the next general election where members of the state legislature are up for election. The state legislature cannot put more than four proposed amendments on any one ballot, and each amendment may relate to a single subject or related subject matters.
Once a legislatively referred constitutional amendment is on the ballot, it can be approved by a simple majority of those voting on the question. This means that if a majority of voters vote "yes", the amendment is passed. This process allows for direct voter participation in amending the Kentucky Constitution, giving voters a say in whether to accept or reject proposed changes to the state's fundamental laws.
An example of a legislatively referred constitutional amendment in Kentucky is the proposal to allow the state government to use public tax dollars to support private and charter schools. This amendment was introduced by State Representative Susan Miles (R-7th District) during the 2024 state legislative session. Supporters of the amendment argued that it would give parents more choices regarding their children's education, while opponents raised concerns about potential revenue losses for public schools and the lack of access to private and charter schools in rural and economically disadvantaged areas.
Another example is a legislatively referred constitutional amendment regarding voting rights. Voters were asked to decide on a proposed amendment to prohibit non-citizens of the United States from voting in Kentucky. While the state constitution already required voters to be U.S. citizens, proponents of the amendment cited the recent example of San Francisco allowing non-citizens to vote in school board elections. Opponents argued that the amendment addressed a "hypothetical problem" since non-citizens were already prohibited from voting under existing law.
Amendments to Nigeria's 1999 Constitution: A Historical Overview
You may want to see also
Constitutional Convention
The Constitution of the Commonwealth of Kentucky, which was first adopted in 1792, has been rewritten three times and amended many more times since. The Commonwealth of Kentucky was admitted into the Union as the fifteenth state in 1792.
The first constitutional convention of Kentucky was called by Colonel Benjamin Logan on December 27, 1784, in Danville, Lincoln County, Virginia. Over the next eight years, ten constitutional conventions were called, each making progress toward a viable constitution. The state's first constitution was accepted by the United States Congress on June 1, 1792, and had several similarities to the United States Constitution, including provisions for three branches of government and a bicameral legislature called the General Assembly.
A second constitutional convention was called for by Kentucky voters in 1799. The 1799 Constitution abolished the electoral college, allowing senators, representatives, the governor, and the newly created office of lieutenant governor to be directly elected. The governor was also given the power to appoint a number of local offices, including sheriffs, coroners, and justices of the peace. The 1799 Constitution made it more difficult to call a constitutional convention.
The 1850 Constitution included a provision that anyone who had participated in a duel was ineligible for public office. This provision remains in the current Kentucky Constitution. The 1891 Constitution, currently in force, provided a means of amending itself that has been used by the General Assembly to keep the document current. However, it did little to simplify the process of calling a constitutional convention, resulting in failed calls for subsequent conventions in 1931, 1947, 1960, and 1977.
Kentucky's constitution has been amended numerous times, including a 1949 Amendment that raised the salary limit for state officials, and a 2004 amendment banning same-sex unions, which was voided by the U.S. Supreme Court in 2015.
Amending the Constitution: Our Dynamic Democracy
You may want to see also
Ballot measures
The process of amending the Kentucky Constitution involves several steps, including proposing and voting on amendments through ballot measures. Here is a detailed overview of the ballot measures involved:
Proposing Amendments
A legislatively referred constitutional amendment can be proposed in either house of the Kentucky General Assembly. If 60% of the members of each chamber approve, the proposed amendment advances to the next stage of the process. The state legislature cannot place more than four proposed amendments on any single ballot.
During the next general election, when members of the state legislature are up for election, the proposed amendment is placed on the ballot. Voters are presented with a clear and straightforward choice:
- Voting "Yes" means amending the constitution to incorporate the proposed change.
- Voting "No" maintains the status quo, leaving the constitution unchanged.
For example, in one ballot measure, voters were asked to decide on prohibiting non-citizens from voting in Kentucky elections. Voting "Yes" would expressly amend the constitution to deny non-US citizens the right to vote. On the other hand, a "No" vote would retain the existing language, which already requires voters to be US citizens.
Another ballot measure concerned the use of public tax dollars to support private or charter schools. A "Yes" vote would amend the constitution to allow state funding for these schools, while a "No" vote would maintain the status quo, prohibiting such funding.
Approval and Adoption
If a simple majority of voters approve the proposed amendment, it becomes part of the Kentucky Constitution. This process demonstrates direct democracy in action, allowing citizens to shape the laws that govern their state.
Additionally, a constitutional convention can be called if a majority of voters approve and if the number of "yes" votes equals at least one-fourth of the qualified voters from the previous general election. This process provides a pathway for more significant constitutional revisions or the adoption of a new constitution.
Constitutional Amendments: States' Rights and the US Constitution
You may want to see also
Explore related products
Voting requirements
The voting requirements for amending the Kentucky Constitution are as follows:
Firstly, a legislatively referred constitutional amendment must be proposed in either house of the Kentucky General Assembly. If 60% of the members of each chamber approve, the proposed amendment is placed on the ballot at the next general election.
For an amendment to be approved, a simple majority of voters must vote 'yes' to the proposed amendment. This majority must be equal to one-fourth of the number of qualified voters who voted in the last preceding general election. The state legislature is not permitted to put more than four proposed amendments on any one ballot.
Voters are asked to vote 'yes' or 'no' on each proposed amendment. A 'yes' vote will amend the constitution, whereas a 'no' vote will maintain the status quo.
San Antonio Voting: Where to Cast Your Ballot
You may want to see also
Topics for amendment
The Commonwealth of Kentucky has had four constitutions since it was admitted into the Union as the fifteenth state in 1792. The fourth and most recent constitution was adopted in 1891 and is currently in force.
A legislatively referred constitutional amendment can be proposed in either house of the Kentucky General Assembly. If 60% of the membership of each chamber approves, the proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election. If a majority of voters approve the proposed amendment, it becomes part of the constitution. The state legislature is not allowed to put more than four proposed amendments on any one ballot.
- Voting rights: One topic for amendment could be to explicitly prohibit non-citizens from voting in Kentucky. While the state constitution already requires voters to be US citizens, proponents of this amendment cite the example of San Francisco, where non-citizens have recently been allowed to vote in school board elections. An amendment could be proposed to ensure that only US citizens are allowed to vote in all types of elections in Kentucky.
- Education funding: Another topic for amendment is the use of public tax dollars to support private or charter schools. Currently, the state constitution prohibits public funds from being used for these types of schools. However, supporters of an amendment argue that it would give parents more choices regarding their children's education. Opponents argue that it could lead to revenue losses for public schools and that private and charter schools may not be accessible in rural and economically disadvantaged areas.
- Compensation of public officers: An amendment could be proposed to set a maximum limit on the compensation of public officers. This could help ensure that public funds are used efficiently and that public officers are not overcompensated.
- Juries: The constitution could be amended to change the number of jurors required to indict or give a verdict. Currently, three-fourths of jurors are required, but an amendment could propose a different number or a different process for reaching a verdict.
- Arbitration: The constitution currently includes a section on the method for arbitration. An amendment could be proposed to update or change this process to reflect modern practices or to include additional details on the arbitration process.
Khan Academy's Constitutional Amendments: Why So Few?
You may want to see also
Frequently asked questions
You will be asked to vote 'YES' or 'NO' to amending the constitution. A "yes" vote would amend the constitution, and a "no" vote would keep it as it currently stands.
A legislatively referred constitutional amendment can be proposed in either house of the Kentucky General Assembly.
If 60% of the membership of each chamber approves, the proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.
If a majority of those voting on the question say "yes", and the number of voters voting "yes" is "equal to one-fourth of the number of qualified voters who voted at the last preceding general election", then the constitution is amended.
